Date: Wed, 13 Sep 2006 14:34:43 -0400

From: Lionel Smith

Subject: Contracts and Subsequent Dealings

There is supposedly something called waiver, that grew up separately from estoppel, although it may now be best understood as such.

Lionel

--
California Civil Code
3546. Things happen according to the ordinary course of nature and the ordinary habits of life.
3547. A thing continues to exist as long as is usual with things of that nature.

On 13/9/06 12:21, "Jason Neyers" wrote:

Dear Colleagues:

Does anyone know of a (contract) principle/case that would preclude enforcement of a prior contract on the basis of the subsequent dealings between the parties in a situation where those subsequent dealings/negotiations/ignoring did not amount to a repudiation of the contract nor cause detrimental reliance?

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